Patna High Court
Vishnu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, prima facie, nothing incriminating appears against the petitioner and therefore granted bail.
Summary
Vishnu Kumar petitioned for bail in a case registered under Sections 310(3) and 317(5) of the BNS and Section 27 of the Arms Act. He was not named in the FIR and has been in custody since 8 June 2025. The only link to him is a confessional statement of a co‑accused, with no other incriminating material found during the investigation, which has now been completed and a charge‑sheet filed. The petitioner has a clean antecedent and a co‑accused in a similar position had previously been granted bail. The court held that, prima facie, there is no evidence against him and ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to conditions under Cr.P.C. Sec. 437(3) and BNSS Sec. 480(3).
Issues considered
- Whether bail should be granted when the only evidence is a confessional statement of a co‑accused.
- Whether the completion of investigation and filing of charge‑sheet negates the risk of evidence tampering.
- Whether the petitioner’s clean antecedent warrants bail despite the serious nature of the offences.
Legislation cited
Subjects
- bail
- confessional statement
- co‑accused
- Arms Act
- BNS
- Criminal Procedure Code
- prima facie
- investigation completed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3670 of 2026
Arising Out of PS. Case No.-33 Year-2025 Thana- MUZAFFARPUR SADAR District-
Muzaffarpur
======================================================
Vishnu Kumar S/o Dhananjay Ram R/o Village - Premganj, Ward No. 4, P.S -
Lalganj, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prabhat Kumar Singh
For the Opposite Party/s : Mr.Shailendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 13-02-2026 Heard the parties.
2. The petitioner seeks bail in connection with Sadar
P.S. Case No. 33 of 2025 registered for the offence under
Sections 310(3) and 317(5) of the BNS and Section 27 of the
Arms Act.
3. The petitioner is not named in the F.I.R. and is in
custody since 08.06.2025.
4. As per FIR, some unknown miscreants looted cash
and office articles from the office of brother of informant, who was
shot dead by miscreants during the occurrence itself.
5. Learned counsel appearing on behalf of the petitioner
submitted that name of petitioner transpired on the basis of
confessional statement of co-accused Kallu @ Ravi Ranjan, in
furtherance of which nothing incriminating appears
Patna High Court CR. MISC. No.3670 of 2026(3) dt.13-02-2026
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recovered/surfaced during the course of investigation as to
connect petitioner with the present crime in question. It is
submitted that similarly situated co-accused namely Sandeep
Kumar Jha has already granted bail by one of the learned Co-
ordinate Bench of this Court through Cr. Misc. No. 66307 of 2025
dated 04.11.2025. While concluding the argument, it is submitted
that petitioner is a man of clean antecedent and moreover,
investigation of this case is completed, for which charge-sheet has
been submitted, as such, there is no chance of tampering with the
evidence.
6. Learned APP opposes the prayer of bail.
7. In view of aforesaid factual submission and by taking
note of fact as save and except suspicion arising out of
confessional statement of apprehended co-accused, prima-facie
nothing incriminating appears against this petitioner during
investigation, coupled with fact as investigation of this case
already completed where petitioner remains in custody since
08.06.2025, accordingly petitioner above named, is directed to be
released on bail in connection with Sadar P.S. Case No. 33 of 2025
on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned District and Additional Sessions Judge-5th,
Patna High Court CR. MISC. No.3670 of 2026(3) dt.13-02-2026
3/3
Muzaffarpur/concerned court, subject to the conditions as
mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of
BNSS.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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